CRIM 131 Lecture Notes - Lecture 10: Victim Impact Statement, Judicial Restraint, Reverse Onus
Document Summary
Muliple sentences (concurrent=serve sentence at same ime, consecuive=back to back, intermitent=serve sentence in community) Judicial determinaion=serve half sentence before you can apply for parole (overrepresentaion of aboriginals) Judicial restraint order=control people who may cause harm to someone else when released, imposed ater sentence has been served, if u refuse to paricipate can be imprisoned. Do designaion (indeterminate sentence, likelihood of future serious harm) Lto designaion (easier to get, federal ofenders, extends supervision ater expiry of sentence) Discreion (non legal factors can inluence sentencing opions, appeal court decision=allows judges to see consistency for that type of ofence) Support: general/speciic deterrent, prevents crime by removing ofenders, symbolic denunciaion for certain behaviors, reduces sentencing disparity. Opponents: litle or no deterrent value, limit judicial discreion, signiicant cost implicaions, may lead to unfair sentencing pracices. S 718. 2 (e) =take into account special circumstances of aboriginals (scc r v gladue), aim reduce aboriginal overrepresentaion, failed: aggravaing factors remain at forefront.